Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-12-03
Cs1sressieaal Abuses IN Preysaiu< for
Losses,
MA IN lsseEAlls Wound to The
Homestead xGheme.
nov settlers We're Obliged to PAY the
Conpanies' Prices.
Ana Ihrough Partial Surveys Deprived
OF Land aud Money.
Inc wsy In Which Secretary Lamar
kemedied the Evil.

S@SS V"k SSI0&AOx ~ Inc |
adjustment Of railroad land grants. 1t is
a. follows: Shortly after my appointment,
when l became somewhat familiar with the
pubic land system and the workings there
o. became impressed with the fact that
the public domain was being diverted from
'fs legitimate purpose and converted to an
object repusnant to the theory on
which the land system wal based. Apart
ron the methods OF illegal appropriation
OF the public domain, Effected through the
perversion Of several laws for acquiring
title thereto. I became convinced that the
ad ministration Of Congressional grants to
wagon and rail roads had given rise to |
enormous abuses. Congress had not
only made grants which in some
instances exceeded the extent OF area OF
half q dozen OF the largest and most
populous States OF the Union. hut in ad- |
d,tion provided that any losses OF lands
within the granted limits should be satisfied |
by selections VI lands within the adjoining !
limits, thus nearly doubling the area OF the |
original gr ants. Under tn $50 acts the land
department had withdrawn from public
appropriation not only the granted limits
a. required by Law, but also lands within
the indemnity limits, at the request of the
xThute0 xuI8 0lOTmOOS
quantity Of public lands were
HELD IN RESERVATION
to await the convenience VI the corpora.
tions on the construction OF their roads
selection Of it's lands and uncertain ad.
justn.ent OF grants by the department. l
do not mean to question the wisdom OF
aid M in the construction OF railroads.
That vNovSAv ~Aa NJ fhA lima -Sno rnA
but in the light OF experience It may be
we'll ssked whether it would not have been
wiser to have aided these great enterprises
otherwise than by grants Of the public
domain. Though much good has been
wrought, the legislation ny which these
vast territ cries passed under the dominion
of railroad companies gave an incurable
wound to the. homestead scheme before
that scheme had a fair opportunity OF dis
play ing it's beneiicent effects. This land
grant legislation was certainly not in har-
mony with the theory of distribution OF
tho public domain among the people, and
gave up to capitalists AS q bas,s for traffic
and speculation and gigantic financial
schemes. what was by the original policy OF
the Government to he homes OF ind ustri-
Gus and thrifty people.
ABODE OF poxEsrIc HAPPINESS
and virtue. Notwithstanding these In
dempity Withdrawals were made exclusive.
" for the interests Of the company. few OF
these, II any,, constructed their roads
within the time prescribed in the act as an
exprees condition on which the grant was
made. Maps OF probable ''geber .i"''desig-
nst.d" and 'de1nite'' routes Of rates were
filed With rapidity in the department and
the Withdrawals hereunder asked and
almost invariably granted, until the public
land of the States n Territories we're
gridiron.d over with railroad grants md
Indemnity limits. and in many instances
tho limits OF one road overlapping and
conflicting with other roads in q most be-
v ildering manner. so that \ settler seek
ing a home could scarcely find = desirable
location that was not claimed by como
onr. or perhaps v or thee roads 70
which grants OF lands had been me de.
Though the desired tract might not 10 ap'
parenily covered by q railroad location,
the settler would hardly select it before
agents OF the corporations would
BET Up CLAIM TO IT
or to the right to occupy and denude II
under the right.of.way and construction
privileges conferred by the granting act.
! Thus the settler, ignorant OF his legal r'S'i'e
| and with no one to advise him with r spect
tn either the law or facts, would Tor the
| sake OF peace readily consent to purchase
from the company. In this way these
corporations, in addition to lands granted
IN them. have claimed, sold and received
the nrice of a great deal OF the other a
tn which they had neither legal nor moral
r.aht, The confusion, hardship and I'M
o.sitions prscticed upon settlers ~er.
greatly increased by the bold schemes o.
corpc rate agents where withdra"a's ~ere
made OF lands on which the lega! ute o
the companies has not attached AID whi b
afterwards remained in the same condition
tor wears through failure of Congress 70
make the necessary appropr'atlons 10,
surveys. When. however, through part'a
snrve,s or adjustments OF grants, lana
thus cold by a cumpany were 1o"nn !" y
ontside of their era nts and determined by
tho deuart,pent to be public land. the pur
chaser from the company found h'mse'1
IN 4HE UNFORTUNATE PREDIcAAENr
y, having lost both his land and hi
money. Gene, ally without means TO emo
into costly litigation with q powerful cor
noratinn, the deprivation OF his home, IN
l.xupnditure and waste OF his years. hls q"
er;y and strength in redeemi"g thae non
from it's wild condition rendered MS ner
technical rlRHb u w s-l
company but little more than a mock
erv. Years have elapsed since many o
the grants have been made, and otne
years since the withdrawal. some compa
yy;rs have constructed the entire ms {
their roads, others fragmentary portion
ar,v and others again none at ali; out en
!. .;+barawal OF lands was n" 's
effective as a barrier against settlers IN or
case than in The other. 1t mattereo ~ ~
What might he his equities acquired . =
years of toll upon what no believed 70 .
,ort NJ the national domain. was declare
nv the highest judicial tribunal a. =!
, , ounde BY the highest law of,cers OF =.
rr1ecutive that the withdrawn "a'
by competent auth or'ty was
LEGAL n EFFECTIVE
= =, .xc,ude all from intrusion WITHIN y
Em;ts. With an earnest desire to obey II
no,d, te of Congress to give to corpor'
4;",s their everv right under the laws M
~ !. tho same time follow the directions give
Won to az that ample protectlon sun snn
I he extended to settlers, and those En- en1
~ make a settlement on the puo'lc a ~
n r suffered uuon the most careful cons.ue''
tt;on ~ h whole subject OF the n's.o'
nd law relating to land grants ana 60
.,r1ed that if the department "as e'o.u
18th authority to make W.; !;
.awsIs as he's been done in so man !
rcss the exercise Of that aut.or.
"a "as q matter entirely wi'hin eounC u.
Q l ~ " - 1o00I nnl1g1tll